Filing for divorce in Brookfield can feel like a daunting process. From dealing with property division and spousal maintenance issues to parental responsibilities and child support, divorce matters can become contentious when the parties cannot come to an agreement, and they can also take a significant amount of time.
No matter what type of assistance you need with your divorce, an experienced Brookfield, IL divorce lawyers at our firm can help.
At Arami Law, our team handles a wide variety of divorce issues in Brookfield, including but not limited to the following:
Generally speaking, there are two different kinds of divorce under Illinois law (750 ILCS 5/): uncontested divorce and contested divorce. In an uncontested divorce, the parties agree to all of the terms. In a contested divorce, the parties cannot come to an agreement on terms. As you might expect, contested divorces tend to take more time than uncontested divorces. Regardless of whether you have a contested or uncontested divorce, there are no longer grounds for divorce in Illinois.
Instead, any party who is seeking to dissolve his or her marriage will file for a no-fault divorce. To get a no-fault divorce, the party who files must allege that irreconcilable differences caused the irretrievable breakdown of the marriage. As long as the couple has been living apart for at least six months, there is an irrebuttable presumption that there are irreconcilable differences and that the two should be divorced.
There are many different types of financial issues that arise in a divorce. For anyone seeking spousal maintenance or with questions about paying spousal maintenance, it is important to know that Illinois law recently changed. Now, for any couples who earn a combined gross income of less than $250,000, the court will use a formula with guidelines to determine the amount and duration of the spousal maintenance award.
Financial issues also become extremely important during property division. Illinois courts divide marital assets and debts according to a theory of equitable distribution, which means that the marital property is divided in a way that is fair to the parties. Courts look at a number of different factors, none of which are dispositive, in dividing marital property.
Child support is another important financial matter in many Brookfield divorces. Illinois law underwent a significant change recently when it comes to child support, and the state now uses what is known as an “income shares” model. Under this model, both parents contribute to the child support obligation, and the court uses a formula to determine what each parent will pay.
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